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THE ATTORNEY GrIENERAL

OF TEXASAUSTIN 11, IEXAPRICE DANIELATTORNEY GENERALAugust 6, 1946Hen. 8. C. Smith Opinion No. V-653County AttorneyBosque County Re: Authority of the Commission-Meridian, Texas ers' Court to compromiseand pay a claim for damagesresulting from the collapseof a county bridge.Dear Sir;We refer to your letter in which you submitthe followings"Several months ago a gravel truck wascrossing a bridge over the Bosque River ona County Road when the bridge gave way andthe truck fell some twenty feet into thestream and killed the driver."The widow of the driver, for herselfand her minor children is about to bringsuit against Bosque County but have agreedto compromise their suit and settle for$350.00."We realize the general rule that aCounty is not liable for the negligence ofits agents and that Bosque County could notlegally pay a claim based on negligence ifpresented through channels."However, our question is, 'Can BosqueCounty by way of compromise of a law suitto avoid the payment of attorneys fees, wit-ness fees and other costs, legally pay $350.-00 for the complete settlement and dismissalof said claim?"In G. H. & S. A. Ry. Co. v. Uvalde County, 167S. W. 2d 305, error refused, the Court of Civil Appealsfollowed the rule of decision in prior cqted cases, say-ing: i: